Comment by mountainb
9 days ago
Regulation would be preferable for OpenAI to the tort lawyers. In general the LLM companies should want regulation because the alternative is tort, product liability tort, and contract law.
There is no way without the protections that could be afforded by regulation to offer such wide-ranging uses of the product without also accepting significant liability. If the range of "foreseeable misuse" is very broad and deep, so is the possible liability. If your marketing says that the bot is your lawyer, doctor, therapist, and spouse in one package, how is one to say that the company can escape all the comprehensive duties that attach to those social roles. Courts will weigh the tiny and inconspicuous disclaimers against the very large and loud marketing claims.
The companies could protect themselves in ways not unlike the ways in which the banking industry protects itself by replacing generic duties with ones defined by statute and regulation. Unless that happens, lawyers will loot the shareholders.
It’s funny seeing you frame regulation as needed to protect trillion dollar monopolies from consumers and not the other way around.
Yes because that is how regulations really work and what the purpose is. In practice all companies both tiny and massive do everything that they can to use the state to quash competition and to reduce the risks of litigation.
Software in general has been subject to light touches in part because most of the damage that software can really cause is economic and not personal injury. The lines blur when the companies release products that cause mental injuries to users that courts interpret as physical injuries; or if the software reasonably contributes to someone e.g. going crazy and killing another person.
No one would seriously think of holding Microsoft liable if a kidnapper uses Word to draft a ransom note. But if CoPilot tells you to microwave a baby and you do it, many judges will want to take a close look at the operation of that software service irrespective of voluminous contract disclaimers. The only way the Microsofts of the world can escape that type of liability is with comprehensive regulation.